Trademark

You may have heard about the Discovery channel’s popular TV series, Amish Mafia.  The Discovery Channel describes the show: Untrusting of outside law enforcement, some Amish in Lancaster County, PA have for many years regularly turned to a small organized group of men for protection and justice. Discovery’s new series Amish Mafia provides a first-ever […]

TM is for trademarks

A client recently asked whether he could apply to register his personal name as a trademark.  Of course, just ask Lebron James, Sarah Palin, Arnold Schwarzeneggr, or Elvis (if you catch sight of him), all of whom registered their names as trademarks.  Does that mean if your name is “Joe,” you can register “Joe’s Bar” […]

TM is for Trademarks

If you haven’t heard by now, this past week the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office canceled several trademarks owned by Pro-Football, Inc. (“Pro Football”) for the term “Redskins” on grounds that the marks were “disparaging to Native Americans.”  This issue has been around for some time […]

uploading photos

Have you ever played the mobile app game, “Candy Crush Saga” by King.com, Ltd. (“King”)?  Are you addicted to it?  Not me, you say.  More power to you because by some reports King earns a million dollars a day from users who actually pay for the chance to continue using this “free” game.  The way […]

Copyright

If you ever doubted the economic importance of branding, take a look at the 2013 World Intellectual Property Report authored by the World Intellectual Property Organization (WIPO).  For the  period from 1987 to 2011, United States investments in branding accounted for close to a quarter of all intangible asset investments!  Brand ranking organizations value the […]

combo lock

OMG, I have to try one of these…. That appears to be the general consensus about the so-called “Cronut,” the new New York City food sensation.  Early morning lines stretch around the block with customers lining up to buy this croissant-donut hybrid two hours before the Dominique Ansel Bakery in SoHo opens.  It’s so wild […]

TM is for Trademarks

We’ve written a lot about the “fair use” concept in the copyright context but did you know that there is also a fair use concept in trademark law? Here’s a case that illustrates the point. In 2012, the Naked Cowboy (yes, you read it correctly) of New York City fame, sued CBS for trademark infringement […]

Designs for patents

Dear Doc: I have heard that there is something called “trade dress” that can be legally protected, and that it’s different from trade mark and also from design patent and copyright?  What gives? Signed, Sam Sung Dear Sam: Trade dress is pretty broadly defined as the visual impression created by the sum of all elements […]